IDAHO'S Water ADJUDICATIONS

During their work in the Snake River Basin Adjudication, Candice and Chris met with hundreds of water right holders throughout the state, analyzing thousands of water right claims, and assisting the Idaho Department of Water Resources (IDWR) to accurately report IDWR’s water right recommendations to the Snake River Basin Adjudication (SRBA) District Court.  While the SRBA effectively came to an end for most water users in September 2014 when the Honorable Eric J. Wildman signed the SRBA Final Unified Decree, the SRBA district court continues to take claims for domestic and stockwater rights.

In 2008, the Snake River Basin Adjudication (SRBA) district court issued a commencement order for the Coeur d’Alene-Spokane River Basin Adjudication (CSRBA).  Presently, the CSRBA is the only Northern Idaho Adjudication that has been authorized for commencement by the SRBA district court.  It is expected, however, that the Palouse Basin River Adjudication (PRBA) is anticipated to be commenced in 2019.

The CSRBA is made up of all or parts of Benewah, Bonner, Clearwater, Kootenai, Latah, and Shoshone counties.  Recognizing that water does not respect arbitrary political boundaries, and as shown in the adjacent map, the basins that make up the CSRBA follow hydrologic boundaries. 

The first CSRBA basin investigated by IDWR was Basin 93.  IDWR has since investigated Basin 92, Basin 91, and Basin 94.  In each of those basins, IDWR investigated claims to water rights based on state law, as opposed to federal law.

Once the objection deadline has passed, a party wishing to object to an IDWR recommendation must obtain permission to file the objection from the CSRBA district court.  Similarly, once the response deadline has passed, the party seeking to file a response must also obtain permission from the court.

As the CSRBA has progressed, IDWR has decided to "split" Basin 95 into two parts, effectively divided from east to west along the north shore of Lake Coeur d'Alene.  Part 1, Basin 95 is located north of Lake Coeur d'Alene, while Part 2, Basin 95 includes the rest of the basin.  The Director’s Report contains all of IDWR’s water right recommendations to be decreed by the CSRBA district court. It is recommended that water users carefully review the Director's Report for any errors. If any errors are discovered, a water user should file a document known as an “objection” with the CSRBA district court to work through the problem.

In addition to the water rights based on state law, claims for water rights based on federal law have also been filed in the CSRBA.  IDWR publishes notice of these federal-based claims, but unlike the state-based claims, IDWR does not investigate the federal-based claims.

A total of 353 federal-based claims were filed by the United States in the CSRBA on behalf of the Coeur d'Alene Tribe, and the United States. 

In order to protect their property interests in a particular area, water users are strongly encouraged to review, for accuracy, not only IDWR’s recommendation for their particular water right(s), but also the water rights recommendations for other water users (federal-based and state-based).

On March 1, 2017, the Palouse River Basin Adjudication District Court entered a Commencement Order for the Palouse River Basin Adjudication. The Palouse River Basin Adjudication will define the nature and existence of ground water and surface water rights within Basin 87.  Idaho Code § 42-1406B.  Basin 87, which is depicted in the adjacent map, includes the communities of Genesee, Moscow, and Potlatch.  Similar to the Coeur d'Alene-Spokane River Basin Adjudication (Basins 91 - 95) with the Rathdrum Prairie Aquifer and its connection with the state of Washington, the Moscow Pullman Aquifer involves a similar interstate connection with the State of Washington.  Because of how the Northern Idaho Adjudications (NIA) are staged, water users in Basin 87 should be able to review how water use from the Rathdrum Prairie Aquifer was adjudicated and tailor their claims from the Moscow Pullman Aquifer accordingly.

An investigation of water use may reveal that earlier, unrecorded water rights should be claimed.  The adjudication presents users in Basin 87 with their only opportunity to claim historic, unrecorded beneficial use water rights.

The Idaho Department of Water Resources is presently taking claims in the Palouse River Basin Adjudication and issuing recommendations for review by the PRBA district court.

A number of water users’ claims to springs and creeks in the PRBA have been objected to by the United States and Nez Perce Tribe on the basis that a treaty with the United States granted the Nez Perce Tribe use of all springs or fountains on ceded lands. Our firm is actively representing claimants of springs and creeks who have seen objections filed against their claims by the United States and Nez Perce Tribe.

On June 5, 2021, the Clark Fork-Pend Oreille River Basin Adjudication District Court entered a Commencement Order for the Clark-Fork Pend Oreille River Basin Adjudication. The Clark-Fork Pend Oreille River Basin Adjudication will define the nature and existence of ground water and surface water rights within Basins 96 and 97.  Idaho Code § 42-1406B).  Basins 96 and 97 are depicted in the adjacent map.  Some of the communities included are Clark Fork, Hope, Priest River, and Sandpoint.  Similar to the Coeur d'Alene-Spokane River Basin Adjudication with Lake Coeur d'Alene (Basins 91 - 95), the Clark Fork-Pend Oreille River Basin Adjudication will also adjudicate water rights from large bodies of water; namely, Pend Oreille Lake and Priest Lake.  Because of how the Northern Idaho Adjudications (NIA) are staged, water users in Basins 96 and 97 should be able to review how water use from Lake Coeur d'Alene was adjudicated and tailor their claims accordingly. There are potential interstate questions with the State of Washington, and international questions with Canada.

An investigation of water use may reveal that earlier, unrecorded water rights should be claimed.  The adjudication presents users in Basins 96 and 97 with their only opportunity to claim historic, unrecorded beneficial use water rights.

The Idaho Department of Water Resources is presently taking claims in the Clark Fork-Pend Oreille River Basin Adjudication.

On June 15, 2021, the Bear River Basin Adjudication District Court entered a Commencement Order for the Bear River Basin Adjudication. Like the NIA, the enabling legislation for the Bear River Basin Adjudication specified that jurisdiction resides with the Snake River Basin Adjudication district court, located in Twin Falls. Idaho Code § 42-1406C. The Bear River Basin Adjudication will define the nature and existence of ground water and surface water rights within Basins 11, 13, 15, and 17. The Bear River Basin, depicted in the adjacent map, is located in southeastern Idaho.  The Bear River Basin is made up of all or parts of Bannock, Bear Lake, Caribou, Cassia, Franklin, Oneida, and Power counties.  

Parts of the Bear River Basin were previously adjudicated in the 1920s. A modern investigation of water use may reveal that previously decreed water rights are used differently today than originally decreed, and that earlier, unrecorded water rights should be claimed.  The adjudication presents users in the Bear River Basin with their only opportunity to claim historic, unrecorded beneficial use water rights.

The Idaho Department of Water Resources is presently taking claims in the Bear River Basin Adjudication.